Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Arumugam

2. Nanthakumar ... Petitioners/Accused 1 & 2 Vs The State rep. by The Inspector of Police, Samayapuram Police Station, Trichy District.

Crime No.116 of 2023.

... Respondent/Complainant For Petitioners : M/s.T.Leninkumar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.116 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 who apprehend arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., and section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.116 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners said to have illegally transported one unit of sand, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report. It is reported that four previous cases are pending against the first petitioner. 1/3

4.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the second petitioner, this court is inclined to grant anticipatory bail to the second petitioner with certain conditions. 5.Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Tirchy on condition that the second petitioner shall execute a bond for a sum of Rs.

(b)the second petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

(c)the second petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the second petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the second petitioner in accordance with law as if the conditions have been imposed and the second petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

6. The petition stands dismissed as against the first petitioner alone.

sd/- 26/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, AAV Madurai - 625 023. 2/3

TO

1. The Judicial Magistrate No.III, Tirchy.

2. Do through the Chief Judicial Magistrate, Trichy.

3. The Inspector of Police, Samayapuram Police Station, Trichy District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-6767[I] dated 27/04/2023 )

ORDER

IN CRL OP(MD) No.7857 of 2023 Date : 26/04/2023 NA/CG/SAR-2/28.04.2023/3P/6C 3/3